A Study On The Legal System Of Medical Liability Compulsory Insurance In China

Medical treatment is the high risk and high professional behavior, required by a specific subject in accordance with the diagnosis standards of medical behavior usually, and human health and life be bound together in a common cause, hospitals and clinics, doctors and nurses in the face of these rights, the need for strict in accordance with the relevant regulations, there are any mistakes are not allowed. But it is also because the medical action of the highly professional and risk. In certain cases, it is difficult to predict its consequences or damage. This paper studies the case of domestic and foreign medical liability insurance, for the design of this system, provide feasible suggestions for the construction of the relevant system in china.This paper is divided into five parts, the first definition of medical liability insurance and its deficiencies, second, its necessity and feasibility analysis, third construction problems encountered in domestic medical liability insurance system and the reason of its appearance, fourth, development of foreign medical liability insurance, and provides experience for the development of medical our liability compulsory insurance. Fifth, the legal basis for the design of domestic medical liability compulsory insurance. Medical liability insurance has the following characteristics, take the law as the basis for dealing with doctor-patient, complete the configuration of justice, corrective justice to make up. However, in China, the medical insurance liability insurance development time is short, although has been formulated to voluntary insurance is the core of the medical liability insurance, but the medical liability insurance in the implementation process there are many gaps: first, the coverage of the main and the responsibility range is too narrow; second, the lack of a consistent standard of compensation; third, the importance of hospitals and clinics and medical staff did not recognize the medical liability insurance, not actively into the insurance. The research we can know the main reason of the lack of use, there are: the development time is short, the lack of awareness of insurance; insurance relating to the system is not perfect; the purposes of medical liability insurance is not according to the law; not yet to establish and perfect the relevant supporting measures.Using the research around the country about the medical liability insurance and the actual situation of the main system of some foreign countries, the author thinks, in our country should establish and perfect the compulsory medical liability insurance, so as to effectively make up for the lack of which arise in practice. This time, the legislative mode and experience can imitate the motor vehicle accident compulsory insurance in selecting the legislative way. The author also need except, for compulsory medical liability insurance legal system important content put forward feasible suggestions, its subject and basic rights for the explanation of the traditional theory of innovation than.